NC General Statutes

N.C. Gen. Stat. § 163-110 (2026)

Candidates declared nominees without primary

✓ current as of July 2026

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If a nominee for a single office is to be selected and only one candidate of a political party files for that office, or if nominees for two or more offices (constituting a group) are to be selected, and only the number of candidates equal to the number of the positions to be filled file for a political party for said offices, then the appropriate board of elections shall, upon the expiration of the filing period for said office, declare such persons as the nominees or nominee of that party, and the names shall not be printed on the primary ballot, but shall be printed on the general election ballot as candidate for that political party for that office. For the following offices, this declaration shall be made by the county board of elections with which the aspirant filed notice of candidacy: All county offices, State Senators in single-county senatorial districts, and members of the State House of Representatives in single-county representative districts. For all other offices, this declaration shall be made by the State Board. (1915, c. 101, ss. 13, 19; 1917, c. 218; C.S., ss. 6033, 6039; 1966, Ex. Sess., c. 5, ss. 9, 11; 1967, c. 775, s. 1; 1973, c. 793, s. 42; 1975, c. 19, s. 68; 1981, c. 220, ss. 1, 2; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)

Notes of Decisions

Cited in 3 cases, 1972–2004 · leading case: Delaney v. Bartlett, 370 F. Supp. 2d 373 (M.D.N.C. 2004).

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Delaney v. Bartlett, 370 F. Supp. 2d 373 (M.D.N.C. 2004). · cites it 5× “8 See N.C. Gen.Stat. § 163-110. Consequently, the statutory scheme discourages a candidate who wishes to be unaffiliated in favor of the formation of a political party, whatever its size or motivation.”

People Ex Rel. Duncan v. Beach, 242 S.E.2d 796 (N.C. 1978). “G.S. 163-110 holds that a sole candidate for a nomination is declared to be nominated.”

Dunston v. Scott, 336 F. Supp. 206 (E.D.N.C. 1972). “Each seat shall be considered a separate office within the terms of G.S. 163-110, 163-114, and 163-115, and all other provisions of law governing nomination and election.”

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